Opinion
CASE NO. CV-10-5687-EMC
11-02-2011
CRAIG YATES, an individual, Plaintiff, v. AMBROSIA PIZZA; SHOPS at MAGNOLIA LLC, a Nevada Limited Liability Company; SHOPS at MAGNOLIA II LLC, a California Limited Liability Company; and MARK DAVID LESLEY, an individual dba AMBROSIA PIZZA, Defendants.
THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION Thomas E. Frankovich Attorneys for Plaintiff CRAIG YATES MARTIN H. ORLICK, ESQ., Jeffer, Mangels, Butler & Marmaro LLP Martin H. Orlick Attorneys for Defendant MARK DAVID LESLEY, an individual dba AMBROSIA PIZZA DANA M. ANDREOLI STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP, Dana M. Andreoli Attorneys for Defendants SHOPS at MAGNOLIA LLC, a Nevada Limited Liability Company; SHOPS at MAGNOLIA II LLC, a California Limited Liability Company
THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
Attorneys for Plaintiff CRAIG YATES
STIPULATION TO CONTINUE THE
FURTHER CASE MANAGEMENT
CONFERENCE; and [PROPOSED]
ORDER THEREON
It is hereby stipulated by and between the parties hereto through their respective counsel that the court may continue the Further Case Management Conference that is currently scheduled for Monday, November 7, 2011 at 10:30 a.m.
1. Whereas, plaintiff requested notice of need for mediation on August 2, 2011 and the above-mentioned caption matter was initially referred to mediation on August 5, 2011; and
2. Whereas, on August 10, 2011, a Case Management Order was issued; and
3. Whereas, pursuant to the Judge's Order on August 10, 2011, the parties were to conduct the mediation within sixty (60) days (the parties were to have the mediation completed by October 10, 2011); and
4. Whereas, initially, the ADR Case Administrator on August 25, 2011, appointed Stephen Liacouras as Mediator, and on August 30, 2011 he was vacated; and
5. Whereas, on August 31, 2011, the ADR Case Administrator reassigned this case to Todd Boley as the Mediator in the above-mentioned caption matter; and
6. Whereas, the parties conducted the pre-mediation teleconference on September 29, 2011. However, due to scheduling conflicts, the parties were unable to have the mediation on or before October 10, 2011, as per the Order. The parties have agreed on a mutual date to conduct the mediation which is currently set for Tuesday, November 15, 2011 at 10:00 a.m.; and
7. Whereas, after the mediation on November 15, 2011, plaintiff's counsel Thomas E. Frankovich has committed to moving a portion of his office and his primary residence to Mazatlan, Mexico and will be out of the country November 21, 2011 through December 7, 2011 and December 19, 2011 through January 9, 2012; and
8. In light of the above, the parties wish to preserve the court's resources by avoiding an unproductive Case Management Conference and by deferring the Case Management Conference to sometime after January 16, 2012, will allow the parties sufficient time to try and resolve the above-action at the mediation.
IT'S SO STIPULATED.
Respectfully submitted,
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
Thomas E. Frankovich
Attorneys for Plaintiff CRAIG YATES
MARTIN H. ORLICK, ESQ.,
Jeffer, Mangels, Butler & Marmaro LLP
Martin H. Orlick
Attorneys for Defendant MARK DAVID LESLEY,
an individual dba AMBROSIA PIZZA
DANA M. ANDREOLI
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP,
Dana M. Andreoli
Attorneys for Defendants SHOPS at MAGNOLIA
LLC, a Nevada Limited Liability Company; SHOPS
at MAGNOLIA II LLC, a California Limited
Liability Company
ORDER
IT IS SO ORDERED that the further Case Management Conference set for November 7, 2011 at 10:30 a.m., is continued to January 27, 2012, at 10:30 a.m./ p.m.
The parties shall file a Joint Case Management Statement no later than seven (7) days prior to the Conference.
Judge Edward M. Chen